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(영문) 수원지방법원 안양지원 2019.04.26 2019고단113
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

At around 07:20 on December 5, 2018, the defendant made a left turn to the left in the direction of the modern apartment distance from the right am-side of the red ray.

The driver of a motor vehicle has a duty of care to prevent accidents in advance by safely examining whether there are pedestrians who walk the front left by checking well the front left of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and caused the victim C (the 60-year-old age) who dried the crosswalk from the right edge of the car driving direction to the left side, to go beyond the floor, and caused the victim to go beyond the floor, and caused the victim to suffer injury, such as a balle of the part of the lower part of the balone-day distance which requires treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution was to have the victim walking along the crosswalk suffer serious injury.

However, the punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant is led to confession and reflect, there is no criminal history, and the comprehensive motor vehicle insurance is subscribed to and the agreement with the victim is completed smoothly after the prosecution is instituted.

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